EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.20.14

SCOTUS Finally Smacks Down Software Patents, But Further Action is Needed

Posted in Law, Patents at 5:54 am by Dr. Roy Schestowitz

Many patents killed in a fire

Fire

Summary: The US Supreme Court has just ruled a lot of software patents “invalid” (by generalisation), raising hopes that things are improving

WE are exceedingly delighted to learn that the Supreme Court (SCOTUS) ruled against software patents. Before lots of law firms (patent lawyers) issue their revisionist ‘articles’ on why it doesn’t change anything let’s look at what happened.

SCOTUS has, without exception among the Justices, decided that some software patents are too vague to merit a win in court. Essentially, they’re rendered toothless, by precedence. It is possible that hundreds of thousands of software patents have just been rendered dead. Since SCOTUS is the top court, not even the software patents-friendly CAFC can reverse this decision. As one good writer (patent matters expert) put is: “The most-anticipated patent decision from this Supreme Court term was published today. The decision involves finance-related software patents that were being used against CLS Bank, a key part of the global financial infrastructure.”

Here is the response from Red Hat’s site, an Android-hostile site, a Linux-friendly site, and from the FSF, which says “more work needed to end software patents for good”. There was a lot of coverage in the corporate media too, including [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22] and the message is quite uniform. Not even lawyers’ sites can deny the truth here. They will surely try later. We have done an extensive media survey and the media is as unanimous about this as the SCOTUS is. Here is the response from TechDirt, which sheds light on why it’s not enough. To quote the headline: “Supreme Court Rejects Software Patents On Performing Generic Functions; Pretends That Lots Of Other Software Must Be Patentable” (lawyers are going to have a day field around the latter part).

This is clearly not the end of software patents, but it’s a good start. Let’s enjoy this small victory while it lasts. A future patent case can be escalated to SCOTUS again, shedding doubt on this decision. It doesn’t happen quite so often though (In Re Bilski was half a decade ago).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: November 30th, 2014 – December 20th, 2014

    Many IRC logs



  2. Links 21/12/2014: China and Linux, GNOME Shell 3.15.3

    Links for the day



  3. The New Age of Games for UNIX/Linux But Not for Windows, Microsoft is Openwashing Windows-Only Games

    The world is moving to GNU- and Linux-powered platforms, so Microsoft withdraws GNU/Linux support from games it buys and starts openwashing its Windows-only games



  4. Microsoft Essentially Sends Malware to Windows and Bricks It

    Microsoft is once again bricking Vista 7, demonstrating lack of reliability or very low quality programming



  5. Microsoft Lays Off Staff, Cheapens Labour as More Companies Are Dumping Microsoft's Lock-in, NSA-Friendly Services, and Windows

    A look at some of Microsoft's latest woes, including an appeal for cheaper labour amid decrease in business



  6. Links 19/12/2014: Robolinux 7.7.1 LXDE, Red Hat Thriving

    Links for the day



  7. Another Microsoft Partner Markets Linux FUD Using Logo, Name, and Lies

    Microsoft's partner Alert Logic is trying to label a feature of Linux a security flaw and even makes marketing buzz for it



  8. Redmonk is Spreading Black Duck's Anti-GPL Talking Points After Payments From Black Duck, Microsoft

    CBS' ZDNet spreads the GNU-hostile narrative which comes from Redmonk, funded by Microsoft and Black Duck, citing Black Duck, which also comes from Microsoft and is a partner of Microsoft



  9. 'Good' Software Patents From EA Show Cases Where DRM is a Patent Infringement

    Where two evils collide the public benefits, or how some software patents discourage the use of DRM



  10. Richard Stallman: What Does It Mean for Your Computer to Be Loyal?

    New article from Richard Stallman



  11. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  12. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  13. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  14. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  15. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  16. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  17. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  18. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  19. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  20. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  21. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  22. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  23. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  24. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  25. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  26. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  27. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  28. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  29. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  30. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts